NAGPUR IMPROVEMENT TRUST Vs. SARDAR MULKHA SINGH

JUDGEMENT

(1.) Rule made returnable forthwith. Heard the matter finally by consent of the learned Counsel appearing for the parties.

(2.) This petition challenges the order dated 21.4.2010, passed by the learned District Judge 3, Nagpur, rejecting the Misc.Civil Application No.329 of 2008 for condonation of delay caused in filing the application for setting aside the abatement of the appeal. The petitioner, Nagpur Improvement Trust (NIT) is the defendant in RCS No.503 of 1995 decreed by the Trial Court on 7.3.2001 in favour of the plaintiff. The petitioner challenged the said decree by filing RCA No.285 of 2001, which has been dismissed as abated on 18.3.2008.

(3.) Undisputed factual position is that the sole plaintiff Sardar Mulkha Singh died on 1.11.2003 during the pendency of the Regular Appeal No.285 of 2001 in which he was the sole respondent. On 17.2.2004, the Counsel for the plaintiff filed a Pursis in terms of Order XXII Rule 10A of the Code of Civil Procedure. The contents of the said Pursis are reproduced below